Rus News Journal

From Coherent wait for the group answer

the Group of companies Coherent can be responsible for tax claims before entering in it Joint-Stock Company Coherent which past Friday has submitted 13 new claims to tax service. The company challenges claims from the March, 28th, shown to it after the procedure which have begun in February of bankruptcy. Experts do not exclude that tax department in March has purposefully increased the sum of claims to Joint-Stock Company Coherent planning to involve to subsidiarnoj responsibility itself GK Coherent .
According to the information placed on a site of arbitration court of Moscow, Joint-Stock Company Coherent (earlier entering into a group of companies Coherent ) Has submitted 13 claims to the Moscow tax inspection (IFNS) N9, challenging the claims shown to the company on March, 28th. The sum of claims is unknown. Thus, now on consideration in court there are 27 claims of Joint-Stock Company to tax department - taking into account those 14, in which Coherent the Temporary managing director of Joint-Stock Company " challenges claims for the sum from above 3 mlrd rbl.; Coherent Edward Rebgun has refused to make comments on a situation to an establishment court of the size of requirements of creditors. Did not begin to make comments on new claims of Joint-Stock Company Coherent and the president of a group of companies Coherent Maxim Nogotkov. In FNS yesterday on a situation did not make comments.

a group of companies Coherent it is based in 2002 by Maxim Nogotkovym. Now operates an order of 1577 salons of the company in Russia and Belarus, the company share in the Russian market of a cellular retail following the results of last year (estimation Mobile Research Group) has made approximately 15,5 %. Gain GK Coherent in 2007 - $1,5 billion

In December of last year of Joint-Stock Company Coherent has submitted 23 claims to IFNS N9 which has shown the companies tax claims following the results of kameralnyh checks of payment by the company of taxes in 2004 - 2006 in the autumn. In January of this year (see from February, 11th) Joint-Stock Company Coherent has put in the statement for bankruptcy in the Moscow arbitration. In the statement of the company dispatched then creditors of the company, it was said that Joint-Stock Company debts make 2,75 mlrd rbl., from which 1,2 mlrd rbl. - tax claims. However, Maxim Nogotkov declared that Joint-Stock Company Coherent does not concern to GK Coherent and by the time of giving in court of the statement for bankruptcy any more was not network structure.

in February the court has entered in Coherent Procedure of supervision also has appointed Edward Rebguna`s time managing director till July, 15th it is necessary for them to carry out the analysis of a financial condition of the company, to reveal its creditors and to hold their first meeting. Under the law on bankruptcy of the requirement of creditors join in the register, but only after check by their court. In April the arbitration has included debts (946 million rbl.) in the register of requirements of creditors Joint-Stock Company Coherent before Joint-Stock Company the Group of companies Coherent and also before affiliated structures of Open Society entering into it Coherent the South and Open Society Coherent Ural Mountains . This sum can give GK Coherent at the first meeting of creditors deciding destiny of the company, there are more than voices, than tax specialists will receive, thereby having allowed the owner of business to supervise bankruptcy process. Check of requirements of tax specialists will take place on May, 21st, but they will declare which sum for inclusion in the register, it is not known: mister Rebgun, mister Nogotkov it do not name.

nevertheless it is known that in March the court has united all claims Coherent in uniform business, in which frameworks of Joint-Stock Company challenges tax requirements of the sum more than 3 mlrd rbl. (including 757 million rbl. of fines and penalties). Next and, probably, solving session of court on this business will take place on May, 27th.

According to lawyers, there are two reasons, what for tax department needed to make a complaint to Joint-Stock Company Coherent on March, 28th. Legal adviser TeliaSonera Anton Bogatov believes that FNS quite could withdraw old claims: Such things occur, if, for example, FNS considers weak an existing position on business and wants it to strengthen. That is tax specialists simply change the bases of claims, and the sum remains to the same . At the same time lawyers believe that, most likely, other sums appear in new claims FNS. possibly, tax department wants to involve to subsidiarnoj responsibility a group of companies Coherent . In practice of the Russian companies often there were cases when company passives corresponded on affilirovannuju structure which bankrupt - the owner of the legal company " marks; Uskov and partners Vadim Uskov. As he said, tax specialists perfectly know these schemes and try to struggle with them: FNS sees that Coherent continues to work, there there are actives. Therefore it is quite logical that tax departments have decided to receive money from a group of companies . C it the lawyer of the Moscow Bar " agrees; Knyazev and partners Ruslan Konorev: Coherent has submitted the claim about bankruptcy, therefore it is already clear that the company cannot pay off with creditors. Increasing the sum of claims, it is possible to increase chances to make answerable a group of companies, at which normal financial position . According to mister Konoreva, for attraction GK Coherent FNS still it is necessary to prove affilirovannost from Joint-Stock Company Coherent which is treated by the Russian legislation widely enough: Subsidiarnaja responsibility can be imposed on persons who directly are not connected with the debtor, but have possibility to define action of the debtor .

, ALEXANDER - MALAKHOV